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rug

(82,333 posts)
Mon Jun 25, 2012, 04:17 AM Jun 2012

Bill would shield churches from performing same-sex marriages

By Hannah Madans
hmadans@sacbee.com
Published: Monday, Jun. 25, 2012 - 12:00 am

Supporters of Proposition 8, the 2008 initiative that banned same-sex marriage, said they were concerned that churches would be forced to perform the ceremonies or face losing their nonprofit status.

So far, courts reviewing the measure – which since was overturned in February – have not latched on to that argument. Now, one of the Legislature's most ardent same-sex marriage backers is trying to make it a moot point.

A bill making its way through the Legislature would protect churches' nonprofit status if clergy members refuse to perform gay marriages. Senate Bill 1140 by Sen. Mark Leno, D-San Francisco, also states that marriage is a civil contract, not a religious one.

"Whether or not one believes that all Californians should have equal marriage rights or should be treated equally under the law, I think we can all agree that protecting religious freedom is important," Leno said.

http://www.sacbee.com/2012/06/25/4585992/bill-would-shield-churches-for.html

46 replies = new reply since forum marked as read
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Bill would shield churches from performing same-sex marriages (Original Post) rug Jun 2012 OP
I don't see how churches are obliged to perform any sort of marriage at all if they don't want to LeftishBrit Jun 2012 #1
One of the issues is that accepting federal funds requires compliance with nondiscrimination laws. rug Jun 2012 #3
That's the perfect incentive to prevent churches from recieving tax dollars... Humanist_Activist Jun 2012 #9
There are a lot of nonprofits that receive government funding. rug Jun 2012 #11
Churches are different from nonprofits run by churches. daaron Jun 2012 #30
The Boy Scouts, who discriminate for nonreligious reasons, receive government funding. rug Jun 2012 #31
Hey argue with lawyers - not my fault it's an ad hoc patchwork nightmare. nt daaron Jun 2012 #33
Since when has the Boy Scouts been funded by the federal government? Humanist_Activist Jun 2012 #42
Well, this is ironic. rug Jun 2012 #43
No its not, the BSA has a monopoly, which should be broken up, but its not federally funded... Humanist_Activist Jun 2012 #44
Also I wouldn't call requiring a belief in a god to join as being a nonreligious reason to... Humanist_Activist Jun 2012 #45
To be honest, this line of argument supports cutting funding to discriminatory organizations... Humanist_Activist Jun 2012 #46
More ignorant right-wing stuff. JDPriestly Jun 2012 #2
Not from Mark Leno. rug Jun 2012 #4
The quickest way to solve this is the German way jmowreader Jun 2012 #5
"...churches would be forced to perform the ceremonies chollybocker Jun 2012 #6
FORCED? AlbertCat Jun 2012 #39
"protecting religious freedom" = protecting homophobia and misogyny Skittles Jun 2012 #7
You're quoting the first openly gay man to serve in the California Senate. rug Jun 2012 #8
really??? Skittles Jun 2012 #10
Egregious. rug Jun 2012 #12
I WILL KICK MY OWN ASS Skittles Jun 2012 #41
Even so it sounds he is supporting the "rights" of others' to remain homophobic. Lionessa Jun 2012 #13
I suspect he's thought this through. rug Jun 2012 #15
I didn't say, he didn't, I just think he's made a mistake, he's protecting the rights of bigots, to Lionessa Jun 2012 #19
Well certainly he is. People have the right to b homophobic racist misogynist etc. Warren Stupidity Jun 2012 #20
Certainly he is supporting the "rights" of others' to remain homophobic? rug Jun 2012 #23
Cynical? It is patently obvious. Warren Stupidity Jun 2012 #24
"It is patently obvious" is slim proof. rug Jun 2012 #26
Some people worship their church above all else. trotsky Jun 2012 #28
What people? rug Jun 2012 #32
It's patently obvious. n/t trotsky Jun 2012 #34
Slim proof. rug Jun 2012 #35
A little thought would tell these people skepticscott Jun 2012 #14
Are you saying Leno wrote this bill to pander to "the nutbag Christians"? rug Jun 2012 #16
Yes that seems to be a reasonable theory. Warren Stupidity Jun 2012 #18
most churches i am aware of make you be a member before they ejpoeta Jun 2012 #21
What are your facts to support this reasonable theory? rug Jun 2012 #22
Looks like more members safeinOhio Jun 2012 #17
Legally, of course, the bill is unnecessary: nobody can show examples of struggle4progress Jun 2012 #25
This is the analysis of the bill from the Judiciary Committee. rug Jun 2012 #27
thanx struggle4progress Jun 2012 #29
Good point. If he gets this provision in, it takes away one of their crying points. cbayer Jun 2012 #37
They'll just invent some other crazy bogus crap to shriek and sniffle over struggle4progress Jun 2012 #38
Why would you want to get married in a church that did not want to marry you? cbayer Jun 2012 #36
The thrust of the bill is to define marriage as stemming from civil law, not religion. rug Jun 2012 #40

LeftishBrit

(41,208 posts)
1. I don't see how churches are obliged to perform any sort of marriage at all if they don't want to
Mon Jun 25, 2012, 04:22 AM
Jun 2012

Nor should they be, of course.

E.g. my friend wanted to get married in the chapel at the university where she she studied as a postgraduate. They refused, because she hadn't been there for over 5 years. She accepted this, and had her wedding elsewhere. End of story.

 

rug

(82,333 posts)
3. One of the issues is that accepting federal funds requires compliance with nondiscrimination laws.
Mon Jun 25, 2012, 04:33 AM
Jun 2012

For example, if a church accepts federal funds, say for running a shelter in the basement, then it may be liable in a lawsuit if it does not rent out the church hall, or even the church itself, for a ame sex marriage.

Interestingly, this is similar to what's going on with the HHS reproductive rights rule.

 

Humanist_Activist

(7,670 posts)
9. That's the perfect incentive to prevent churches from recieving tax dollars...
Mon Jun 25, 2012, 05:30 AM
Jun 2012

I don't see a negative there, and they shouldn't be offered such funding to begin with.

 

daaron

(763 posts)
30. Churches are different from nonprofits run by churches.
Mon Jun 25, 2012, 11:26 AM
Jun 2012

Most of the government funding requiring compliance with anti-discrimination laws goes to clinics, community services, and the like - broadly already areas that the gov't funds. The gov't doesn't fund church ceremonies, including weddings.

So there's no possible way the law could be interpreted to read that churches are required to perform same-sex marriages - only that civil authorities would have to recognize the marriage, regardless of who performed the wedding ceremony (secular or not).

This is just hand-holding for the hand-wringers in CA who want to continue being bigots in their churches. Fine. Go be a bigot - it's no skin off society's teeth, since the law already has no effect on church bigotry. (Bigotry is, after all, protected by the 1st Amendment.)

 

Humanist_Activist

(7,670 posts)
42. Since when has the Boy Scouts been funded by the federal government?
Mon Jun 25, 2012, 08:45 PM
Jun 2012

yes, some local and state governments give the Boy Scouts freebies(use of public facilities, for example, for free or a nominal fee), but this free ride for Boy Scouts is decreasing.

Those governments that still give the Boy Scouts this indirect funding/free ride should stop.

 

Humanist_Activist

(7,670 posts)
44. No its not, the BSA has a monopoly, which should be broken up, but its not federally funded...
Mon Jun 25, 2012, 09:10 PM
Jun 2012

and the article you linked to says that as well.

 

Humanist_Activist

(7,670 posts)
45. Also I wouldn't call requiring a belief in a god to join as being a nonreligious reason to...
Mon Jun 25, 2012, 09:25 PM
Jun 2012

Discriminate.

 

Humanist_Activist

(7,670 posts)
46. To be honest, this line of argument supports cutting funding to discriminatory organizations...
Mon Jun 25, 2012, 11:12 PM
Jun 2012

not necessarily forcing them to abide by non-discrimination laws.

But again, this has nothing to do with churches, which are explicitly exempt from following such laws.

JDPriestly

(57,936 posts)
2. More ignorant right-wing stuff.
Mon Jun 25, 2012, 04:30 AM
Jun 2012

Of course, legalizing same sex marriages means they will be recognized by the state law and can be performed by government authorities. It means the government has to issue licenses if otherwise appropriate. That's all it means.

Haven't these people read the First Amendment. Haven't they heard about the separation of church and state.

Again, marriage has two meanings, one secular and one religious. When you marry in a church, the pastor has you fill out certain forms that satisfy secular authorities and blesses you -- which is the religious part of the ceremony. They are actually two functions administered by the person usually a pastor or priest who marries you.

Surely there is a pastor or priest on DU who can explain this process.

jmowreader

(50,560 posts)
5. The quickest way to solve this is the German way
Mon Jun 25, 2012, 04:41 AM
Jun 2012

In Germany, at least when I was there, churches weren't allowed to perform legal wedding ceremonies. All LEGAL wedding ceremonies, that is to say the kind that make you a married couple in the eyes of the state, had to be performed by judges. You could then go to a church and get married in the eyes of God, if that was your prerogative. The same thing would work in the US.

chollybocker

(3,687 posts)
6. "...churches would be forced to perform the ceremonies
Mon Jun 25, 2012, 04:44 AM
Jun 2012

or face losing their nonprofit status."

Churches would NOT be forced to perform any ceremony that contravenes their particular dogma.

Churches would NOT lose their non-profit status despite their unwillingness to adhere to laws regarding non-discrimination.

"Church-22."

 

AlbertCat

(17,505 posts)
39. FORCED?
Mon Jun 25, 2012, 03:26 PM
Jun 2012

No one's forcing churches to do anything....

except maybe decide which is more important, money or dogma.

It's a decision.

 

Lionessa

(3,894 posts)
13. Even so it sounds he is supporting the "rights" of others' to remain homophobic.
Mon Jun 25, 2012, 06:09 AM
Jun 2012

Not all Dems know when to NOT be compassionate to the BS of wingers/religions/bellyachers, I doubt all gays do either. It is one of the unfortunate side effects of not being a hater. In my opinion, this is one of those times. No additional protection should be offered. IF it were to turn out that refusing to marry gays causes a loss of non-profit status, then so be it, why should any entity be protected against paying taxes when they are so discriminatory?

'Course, I don't think churches should not be non-profits at all, but that's another discussion.

 

rug

(82,333 posts)
15. I suspect he's thought this through.
Mon Jun 25, 2012, 06:39 AM
Jun 2012

I doubt "he is supporting the "rights" of others' to remain homophobic."

 

Lionessa

(3,894 posts)
19. I didn't say, he didn't, I just think he's made a mistake, he's protecting the rights of bigots, to
Mon Jun 25, 2012, 07:21 AM
Jun 2012

remain so without consequence, even though I don't believe any church has ever been held such a consequence.

 

Warren Stupidity

(48,181 posts)
20. Well certainly he is. People have the right to b homophobic racist misogynist etc.
Mon Jun 25, 2012, 07:23 AM
Jun 2012

The public and private sector, not so much. Religious institutions have a huge carve out due to the first amendment exempting them from most regulation, so they can be intolerant despite laws to the contrary governing other private sector institutions. Where religious institutions operate commercial enterprises, regulation step back in.

 

rug

(82,333 posts)
23. Certainly he is supporting the "rights" of others' to remain homophobic?
Mon Jun 25, 2012, 08:26 AM
Jun 2012

You have a cynical view of his motivations without any evidence to support your cynicism.

 

Warren Stupidity

(48,181 posts)
24. Cynical? It is patently obvious.
Mon Jun 25, 2012, 09:11 AM
Jun 2012

It might even make good political sense as it takes a false issue away. Your denial of the obvious in this thread is not unexpected.

 

rug

(82,333 posts)
26. "It is patently obvious" is slim proof.
Mon Jun 25, 2012, 10:44 AM
Jun 2012

Given the choice, I trust Leno's motives more than yours.

trotsky

(49,533 posts)
28. Some people worship their church above all else.
Mon Jun 25, 2012, 11:17 AM
Jun 2012

And even if they imagine themselves as progressive Democrats, they will fight against progressive goals if it might impact their church institution in any way.

 

skepticscott

(13,029 posts)
14. A little thought would tell these people
Mon Jun 25, 2012, 06:23 AM
Jun 2012

that no gay couple is ever going to want to have their marriage blessed in a church that hates the idea of same-sex marriage and that has to be compelled to perform it. But I guess that shouldn't get in the way of still more political pandering to the nutbag Christians in their districts.

 

Warren Stupidity

(48,181 posts)
18. Yes that seems to be a reasonable theory.
Mon Jun 25, 2012, 07:18 AM
Jun 2012

As there is no real possibility without this law that any church would be forced to perform any ceremony including a marriage ceremony, due to something called the establishment clause, the motivation for this law appears to be to sooth the irrational anxiety of the religious homophobes, that would be exactly a form of pandering.

ejpoeta

(8,933 posts)
21. most churches i am aware of make you be a member before they
Mon Jun 25, 2012, 07:45 AM
Jun 2012

will marry you in their church. at least that was the case when my sis got married 25 years ago in a catholic church. They don't just marry anyone off the street. Not sure how it is now, I got married by a judge and would never consider having anything to do with a church. I am just saying. I have never known a church to have to perform weddings for non members. As to renting a hall.... if they don't want money.... Around here we have fire halls.... people use them for their stuff.

struggle4progress

(118,295 posts)
25. Legally, of course, the bill is unnecessary: nobody can show examples of
Mon Jun 25, 2012, 10:29 AM
Jun 2012

churches in the US being forced to wed any couples contrary to the churches' doctrines

Politically, it represents an effort to undermine a "concern" used by the wingnuts for propaganda purposes

cbayer

(146,218 posts)
36. Why would you want to get married in a church that did not want to marry you?
Mon Jun 25, 2012, 02:21 PM
Jun 2012

There are plenty of churches in CA that welcome GLBT people and same sex marriages.

I always assumed that no church would be forced to do this, but I also assumed no couple would want to go to one that didn't.

BTW, there are lots of hospitals that receive federal funds that refuse to provide abortion or even contraceptive services.

 

rug

(82,333 posts)
40. The thrust of the bill is to define marriage as stemming from civil law, not religion.
Mon Jun 25, 2012, 03:49 PM
Jun 2012

The consequence of that is that religion has nothing to do with it. Therefore, they can not be sued for discrimination if they do not. Read the committee's analysis and see who's for it and who's against it.

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